S-1080 - 08/24/2004 - VARIATION - Ordinances Supporting Documentse4� •
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AGENDA ITEM
Regular Board of Trustees Meeting
of
August 10, 2004
SUBJECT: Joe and Lilly Chou, Variation
FROM: Kenneth T. Kubiesa, Village Attorney
BUDGET SOURCE /BUDGET IMPACT: None
RECOMMENDED MOTION: I move to pass Ordinance 2004- ZO -V -S -1080 An
Ordinance Granting A Variation From The Provisions Of Section 13 -6C -3F (1) and (2) of
Title 13 ( "Zoning Regulations ") Of The Village Code Of The Village Of Oak Brook
Relative To Front and Side Yard Setback Requirements.
Background /History:
This ordinance grants a variation to Joe and Lilly Chou for a reduction in the required forty foot
(40') front and side yard setbacks to thirty -five feet (35') at the property located at 301 Ashley
Court. This variation is requested in order for the homeowner to construct a new single - family
home on an unusually shaped lot with unique circumstances .
Recommendation:
I recommend that this ordinance be passed.
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ORDINANCE 2004-ZO-V-S-1080
AN ORDINANCE GRANTING A VARIATION FROM THE
PROVISIONS OF SECTIONS 13-6C-3F (1) AND (2) OF TITLE 13
("ZONING REGULATIONS") OF THE VILLAGE CODE
OF THE VILLAGE OF OAK BROOK RELATIVE TO
FRONT AND SIDE YARD SETBACK REQUIREMENTS
(Chou—301 Ashley Court, Oak Brook; IL 60523/P.I.N. 06-34-201-076)
WHEREAS, the Village of Oak Brook has heretofore adopted an ordinance setting forth the
Zoning Regulations for the Village of Oak Brook in Title 13 of the Village Code; and
WHEREAS, Section 13-14-6 of the Village Code sets forth the authority and standards of the
granting of variations to the Zoning Regulations;
WHEREAS, Joe and Lilly Chou ("Petitioners") are the owners of certain property legally described
as follows:
LOT 6 IN WHITEHALL PARK, BEING A SUBDIVISION OF PART OF THE FRACTIONAL SECTION 34,
LYING NORTH AND SOUTH OF THE INDIAN BOUNDARY LINE IN TOWNSHIP 39 NORTH, RANGE 11
EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED
MAY 30, 1964 AS DOCUMENT R 84-40190, IN DUPAGE COUNTY, ILLINOIS.
WHEREAS, the Subject Property is located within the R-3 Single-Family Detached Residence
District, the regulations of which require a front yard setback of not less than forty feet (40') in depth and a
side yard setback of not less than forty feet(40') abutting a street; and
WHEREAS, the Petitioner has submitted a petition for a variation to reduce the required front and
side yard setback to approximately 35 feet for the purpose of constructing a new single-family home on
the Subject Property ; and
WHEREAS, on June 29, 2004, the Zoning Board of Appeals of the Village of Oak Brook
conducted a public hearing at the Oak Brook Village Hall, 1200 Oak Brook Road, Oak Brook, Illinois in
connection with the aforesaid petition, after due and appropriate legal notice was given;.and
WHEREAS, the Zoning Board of Appeals specifically considered the standards, set forth in
Section 13-14-6 (D) of the Village Code and made the following findings of fact:
• Petitioner has satisfied the standards required by the Zoning Ordinance;
• Petitioner has demonstrated unique circumstances;
• the hardship of the Petitioner was not of his making;
WHEREAS, the Zoning Board of Appeals recommended approval of the requested variation; and
WHEREAS, the Village President and Board of Trustees concur with the findings and
recommendations made by the Zoning Board of Appeals; and
WHEREAS, all applicable requirements of Section 13-14-6 of the Village Code relating to the
granting of variations to the Zoning Regulations have been met.
Ordinance 2004-ZO-V-S-1080
Granting Variation from Sec.
13-66-3F(1)&(2) Page 2
(Chou 06-34-201-076)
NOW THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of
Oak Brook, Du Page and Cook Counties, Illinois as follows:
SECTION 1. The recitals hereto are incorporated as part of this ordinance.
SECTION 2. A variation to Sections 13-6C-3F(1) and (2) of the Zoning Regulations of the Oak
Brook Village Code is hereby granted to permit the construction of a new single-family dwelling and allow
a front and side yard setback of approximately thirty-five feet (35') along Ashley Court and Covington
Court, subject to the condition that the new construction shall be in substantial conformance with the
plans entered into evidence for consideration by the Zoning Board of Appeals.
SECTION 3. This Ordinance is limited and restricted to the property commonly known as 301
Ashley Court, Oak Brook, Illinois, P.I.N. 06-34-201-076.
SECTION 4. All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of the conflict.
SECTION 5. This ordinance shall be in full force and effect from and after its passage, approval
and publication as required by law.
APPROVED THIS 10th day of August, 2004.
Kevin inlan
Villa President
PASSED THIS 10th day of August, 2004.
Ayes:
Nays:
Absent:
ATTEST:
/ OF 0,q�
Linda K. G nella, CMC
Village Clerk '? ,''``
CHOU-
301 Ashley Court
Variation -
FRONT AND SIDE YARD
(ABUTTING STREET SETBACKS
INDEX
PAGE CONTENTS
10 Memorandum from Director of Community Development Kallien to Village President
and Board of Trustees— Board Meeting of July 27, 2004
9 Recommendation Letter from Zoning Board of Appeals Chairman to Village President
and Board of Trustees
8-8.d Zoning Board of Appeals Meeting Minutes dated June 29, 2004
7-7.a Staff Report from Director of Community Development Kallien to Zoning Board of
Appeals dated June 22, 2004
6 Certificate of Publication dated June 11, 2004
5 Resident Letter dated June 11, 2004
4 Board of Trustees Referral Meeting Minutes dated June 22, 2004 (Not Included)
3 Referral Memo to Board of Trustees from Director of Community Development
2 Front Yards and Side Yards abutting a street, Zoning Ordinance R3 Single-Family,
Section 13-6C-3-F (1) and Section 13-6C-3F (2)
1-1.b Variations, Zoning Ordinance, Section 13-14-6
*******************
A Application/Petition -Variation
B Surrounding Property Owners List
C Fee/Receipt
D-D.1 Subject Property Verification and Legal Description
E Letter of Explanation dated May 21, 2004
F Applicant's Response to Standards for Variation
G-G.1 Letter of Approval from Covington Court Community Association
H Proposed Setbacks Permit Plat/Grading Plan revised 4/8/04 (Included — Not
Attached)
Survey Showing Existing Setbacks—Topographic and Boundary Survey
(Included —Not Attached)
1-40 Scale of Page "H" with Attached Elevations and Floor Plans of the
Proposed Residence (Included —Not Attached)
K Site Preparation Plan (Included — Not Attached)
L Tree Location Survey (Included — Not Attached)
M Plat of Abrogation (Included — Not Attached)
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AGENDA ITEM
Regular Board of Trustees Meeting
of
July 27, 2004
SUBJECT: Chou—301 Ashley Court—Variation
FROM: Robert L. Kallien, Jr., AICP, Community Development Director
BUDGET SOURCE/BUDGET IMPACT: N/A
RECOMMENDED MOTION: I move to concur with the recommendation of the Zoning
Board of Appeals and approve the requested variation and authorize the Village Attorney
to draft the necessary ordinance for final consideration at the August 10, 2004 Board of
Trustees meeting.
Background/History:
Mr. and Mrs. Joe Chou, the owners of the vacant lot at 301 Ashley Court has submitted a petition
seeking approval of a five-ft. variation to the 40-ft. building setback along both Ashley Court and
Covington Court in order to construct a new home. The lot is somewhat unique because it has
frontage on three streets and contains a recorded stormwater conveyance and maintenance
easement on the south-half of the lot that significantly reduces the buildable area of the lot.
Recommendation:
Board of Appeals,by a vote of 5 to 0 have recommended approval of a variation to Sections 13-6C-•
317-1 and 13-6C-3F-2(a) of the Zoning Ordinance to reduce the required 40-ft. building lines
along Ashley Court and Covington Court to 35-ft. to accommodate the construction of a new
home. In making this recommendation, the Zoning Board of Appeals found that the petitioner has
addressed the factors as required by the Ordinance for approval of a variation. In addition, the
approval of this request will not be detrimental to other properties in the neighborhood.
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Village of
Oak Brook July 21, 2004
1200 Oak Brook Road
Oak Brook,IL 60523-2255 Village President Quinlan and Board of Trustees
Website
www.oak-brook.org Village of Oak Brook
1200 Oak Brook Road
Administration
630.990.3000 Oak Brook, IL 60523
FAX 630.990.0876
SUBJECT: Chou—301 Ashley Court—Variation—Front Yard Setback
Community
Development
630.990.3045 Dear President Quinlan and Board of Trustees:
FAX 630.990.3985
At its meeting on June 29, 2004, the Zoning Board of Appeals reviewed a request
Engineering from Mr. and Mrs. Joe Chou, the owners of the vacant lot at 301 Ashley Court in
Department
630.990.3010 the Covington Subdivision seeking approval of a variation to Sections 13-6C-3F-1
FAX 630.990.3985 and 13-6C-3F-2(a) of the Zoning Ordinance to reduce the required 40-ft. building
Fire Department lines along Ashley Court and Covington Court to 35-ft. to accommodate the
630.990.3040 construction of a new home.
FAX 630.990.2392
This particular lot is unique because it has frontage on three streets: Ashley Court
Police Department to the north, Covington Court to the west, and 35th Street to the south and
630.990.2358
FAX 630.990.7484 approximately one-half of the buildable area contains a recorded stormwater
conveyance and maintenance easement.
Public Works
Department All interested parties were notified of the public hearing. No one spoke in
630.990.3044 opposition to the proposed variation. Mr. Chou did indicate that the Covington
FAX 630.472.0223 Homeowners Association was supportive of the requested variation.
Oak Brook By a vote of 5 to 0, the Zoning Board of Appeals recommended approval of the
Public Library variation to permit the construction of a new home with a 35-ft. front yard along
600 Oak Brook Road both Ashley Court and Covington Court as requested based on the findings that the
Oak Brook,IL 60523-2200 petitioner has satisfied standards required by the Zoning Ordinance for a variation
630.990.2222 including unique circumstance and the hardship of the petitioner.
FAX 630.990.4509
Oak Brook Sports Core Very truly yours,
NOTE: Chairman Davis has reviewed and verbally
Bath&Tennis Club approved the content of this letter pending his
700 Oak Brook Road signature. The signed original will be placed in the
Oak Brook,IL 60523-4600 official file upon receipt.
630.990.3020
FAX 630.990.1002
Champ Davis
Golf Club Chairman
2606 York Road Zoning Board of Appeals
Oak Brook,IL 60523-4602
630.990.3032
FAX 630.990.0245 fo
MINUTES OF THE JUNE 29, 2004 REGULAR
DRAFTMEETING E VILLAGE OF OAK BROOK UNOFFICIAL UNTIIL
APPROVED AS WRITTEN OR AS AMENDED ON
2004.
1. CALL TO ORDER: CALL TO ORDER
The Regular Meeting of the Zoning Board of Appeals was called to order by
Chairman Champ Davis in the Samuel E. Dean Board Room of the Butler
Government Center at 7:30 p.m.
2. ROLL CALL: ROLL CALL
Gail Polanek called the roll with the following persons
PRESENT: Chairman Champ Davis, Members Richard Ascher, George
Mueller, Manu Shah and Steven Young
ABSENT: Member Robert Sanford
IN ATTENDANCE: Director of Community Development, Robert Kallien, Jr.
3. APPROVAL OF MINUTES: MINUTES
REGULAR ZONING BOARD OF APPEALS MEETING OF JUNE 1, 2004
Motion by Member Ascher, seconded by Member Mueller, to approve the
minutes of the June 1, 2004 Regular Zoning Board of Appeals Meeting as
written. VOICE VOTE: Motion carried.
4. UNFINISHED BUSINESS:
There was no unfinished business to discuss
NEW BUSINESS
5 NEW BUSINESS:
GA �VBIJLLAGE COU — 301 ASHLEY COURT — VARIATION — TITLE 13 OF THE ASHL — C ASHLEY COURT —
CODE - ZONING ORDINANCE SECTION 13-6C-3F-1 AND VARIATION-
13-6C-3F-2A — VARIATION TO THE FRONT AND SIDE YARD FRONT and SIDE
YARD SETBACK
SETBACK ABUTTING A STREET TO CONSTRUCT A NEW
RESIDENCE
Chairman Davis sworn in all persons that would testify on this matter.
Bill Styczynski, Architect, Styczynski Walker and Associates, said that
VILLAGE OF OAK BROOK
Zoning Board of Appeals Minutes Page 1 of 27 June 29, 2004
• •
they designed the house, which is one of the remaining lots in the
Covington Court Subdivision for the Chou's. It is a very difficult lot, with
a number of street setbacks and a difficult terrain. They had designed the
house and submitted it for permit and the Engineering Dept made them
aware of a easement that exists on the property. They were not aware of
the easement and it was not shown on the survey which was given to the
owner at the closing. None of them, including the civil engineer involved
in the project, knew of the stormwater conveyance and maintenance
easement. That has created some difficulty to work with this lot. The lot
faces three streets which essentially gives it three front yards. The
easement serves a water supply for the pond and the surrounding
landscaping. The lot has been diminished quite a bit and with the existing
topography makes the development of the remainder of the lot difficult.
They are seeking a variation to the 40-foot setback on two of the streets to
35 feet, which would allow them to move the house forward to get out of
most of the easement. The remainder of the portion of the house that
would be in the easement, however, the Subdivision Association is willing
to revise some of their easement documents to allow the house to fit within
the remainder of the existing easement.
Mr. Styczynski said that they met with the Homeowners Association and
proposed a different location for the house. The Association suggested the
current location and said they would support the request for the variation to
the required setbacks to both streets.
Chairman Davis questioned whether the neighbors had been notified of the
request and whether there had been any objections to the proposal. Mr.
Styczynski responded that they had been notified and no one has objected.
No one in the audience spoke in support of or in opposition to the
requested variation.
Mr. Styczynski responded to the Variation standards as follows:
1. The property in question cannot yield a reasonable return if
permitted to be used only under the conditions allowed by the
regulations governing the district in which it is located.
RESPONSE: This is one of the few remaining lots to be developed
since the subdivision was originally approved in 1984. With the
current setbacks, easements and topography, the house would be
smaller and of lesser value than the surrounding homes. Especially,
taking into consideration, that the easement was added after the
VILLAGE OF OAK BROOK
Zoning Board of Appeals Minutes Page 2 of 27 June 29, 2004
i
67'4.
original plat of subdivision had occurred.
2. The plight of the owner is due to unique circumstances.
RESPONSE: The storm water conveyance and maintenance
easement was not shown on the survey when the Chou's purchased
the property. Such information would have had a major decision in
their purchase of this property to build their home. The steep grade
differential of the lot combined with its shape creates additional
difficulty in creating an efficient floor plan.
3. The variation if granted will not alter the essential locality.
RESPONSE: The character of the homes in the area will not be
affected in a negative manner. In fact, several homes within the
subdivision have a property line that extends to the street and
although they still maintain a forty foot front yard setback, the
distance from the curb to the house is approximately 40 feet with
the requested change in setbacks; this home would be a minimum
of 57 feet to the curb. From a characteristic standpoint they would
be further away from the street than some of the homes in the
subdivision.
4. 2.a. The particular physical surroundings, shape, or
topographical conditions of the specific property involved
would bring a particular hardship upon the owners as .
distinguished from a mere inconvenience if the strict letter of
the regulations were to be carried out. RESPONSE: A
reduction in buildable lot area occurred when the storm water
conveyance and maintenance easement was added in June 1993.
That easement, when combined with the two front yard setbacks
and steep topography requires some relief at the front yard setbacks
to allow for a workable floor plan and future resale value.
5. 2.b. The condition upon which the petition for variation is
based would not be applicable generally to the other property
within the same zoning classification. RESPONSE: The lot in
question is unique in that it has three front setbacks, the pond
easement, steep topography, and the subdivision entry landscape
feature located on the property. It is also one of the few remaining
undeveloped lots in the subdivision.
6. 2.c. The granting of the variation will not be detrimental to the
public welfare or injurious to other property or improvements
in the neighborhood in which the property is located.
RESPONSE: The granting of this variation will have no negative
affect to other property whatsoever.
VILLAGE OF OAK BROOK
Zoning Board of Appeals Minutes Page 3 of 27 June 29, 2004
• •
7. 2.d. The proposed variation will not impair an adequate supply
of light and air to adjoining property, or substantially increase
the danger of fire, or otherwise endanger the public safety or
substantially diminish or impair property values within the
neighborhood. RESPONSE: The adjacent property will not be
diminished in safety, quality of light or value. In fact, the property
adjacent to the east will benefit from a shorter retaining wall at the
driveway, which will be more aesthetic and safer for the children in
the area.
8. 2.e. That the purpose of the variation is not based exclusively
upon a desire to make more money out of the property.
RESPONSE: The purpose of the variation is not based on money
but based on allowing the design of a home that is consistent with
the homeowner's desires when they purchased the lot. There is of
course an inherent desire to retain a reasonable resale value of the
developed property.
9. 21. That the alleged difficulty or hardship has not been created
by any person presently having an interest in the property.
RESPONSE: The hardship was created when the storm water
conveyance and maintenance easement was added to an already
difficult lot and none of the parties were aware that the easement
existed..
Chairman Davis questioned when the easement was added. Mr.
Styczynski said that the easement was granted in 1993, but no information
was given to the homeowner on their survey which did not show any
easement whatsoever.
Member Young asked if the grading was going to be altered.
Mr. Bill Myers, Christian-Roge and Associates responded that the actual
design impacts by moving the house forward they would actually have less
grading on the sidelines and can tie in the contours from the building to the
existing grades along the road on the Covington Court side. By moving
the house forward there is a better transition to the grades.
Member Ascher said asked why it would not have shown up on the plat.
Director of Community Development Kallien responded that they believe
when the plat was originally done the easement was not shown and the
easement was added after the fact and it should have shown up, and the
title company should have found it. Literally 50% of the lot is taken away,
by setbacks and the location of the easement.
VILLAGE OF OAK BROOK
Zoning Board of Appeals Minutes Page 4 of 27 June 29, 2004
v •c
Chairman Davis asked what the total size of the lot was. Mr. Meyers
responded that it is .575 acres.
Mr. Styczynski said that a good percentage of the house remains within the
setbacks it is just a few points, such as a portion of the garage and a couple
of triangles of the house extend beyond the original setbacks.
Chairman Davis said that the petitioner appears to have sufficiently
addressed, the standards that the Zoning Board of Appeals needs to find
satisfied in order to recommend a variation to each of the requested
setbacks.
Motion by Member Mueller, seconded by Member Shah that the standards
appear to have been satisfied and that the variation will not be detrimental
public welfare and to recommend approval of the variations as proposed by
approximately 5 feet to the front yard and to the side yard abutting a street
as requested.
ROLL CALL VOTE:
Ayes: 5 —Members Ascher, Mueller, Shah,Young and Chairman
Davis
Nays: 0—None
Absent: 1 —Member Sanford. Motion Carried.
5. B.+C. MCDONALD'S PROPOSAL FOR THE DEVELOPMENT OF McDonald's Proposed
Development
SPRING ROAD AND 22ND STREET Overview
Chairman Davis swore in all parties giving testimony this evening as
follows:
Jack Lawlor, Attorney for McDonald's, Sonnenschein, Nath and Rosenthal
LLP. Joe Endress, Director, McDonald's Corporation; Corey Andrews,
Site Acquisition Manager for McDonald's Corporation, Greater Chicago;
Libby Ertel-Fisher, Project Manager for the Greater Chicago Region; and
Tony Pagliuca, Lead Architect, McDonald's Worldwide Development.
The consultants on the project are Luay Aboona, KLOA, Inc. Traffic
Engineer, Terrence O'Brien, Real Estate Appraiser and Lucas Castor,
Brickman Landscaping.
Mr. Lawlor said that they are here to discuss the possibility of constructing
a flagship McDonald's restaurant in the very shadow of its world
headquarters. They are excited about it because they believe it is a very
powerful architectural statement, that they would like to open with
conjunction with the 50th anniversary of McDonald's next April (2005).
VILLAGE OF OAK BROOK
Zoning Board of Appeals Minutes Page 5 of 27 June 29, 2004
8� .
VILLAGE OF OAK BROOK
Zoning Board of Appeals
STAFF REPORT
DATE: June 22, 2004
FILE NOS: 2004-016-VAR
DESCRIPTION: Variation to the 40-ft. building line along Covington Court and Ashley
Court to accommodate the construction of a new home on an existing
vacant lot.
PETITIONER: Mr. and Mrs. Joe Chou
36 South Cass Avenue
Westmont, IL 60599
LOCATION: Northeast corner of Covington Court and 35th Street (aka Lot 6) in the
Covington Subdivision.
ADDRESS: 301 Ashley Court
EXISTING ZONING/USE: R-3 Single-Family Detached Residence District,presently vacant.
ZONING/USE OF SURROUNDING PROPERTY:
North: R-3, Single-Family Detached Residence District, single-family homes in
the Covington Subdivision.
South: Village of Westmont, Oakbrook Hills Golf Course.
East: R-3, Single-Family Detached Residence District, single-family homes in
the Covington Subdivision.
West: Same.
DISCUSSION: Mr. and Mrs. Joe Chou, the owners of the subject property at 301 Ashley
Court have submitted a petition seeking approval of a variation to
accommodate the construction of a new home. The specific variation
request is to Section 13-6C-3F-1 and 13-6C-3F-2(a) seeking to reduce
the required 40-ft. building lines along Ashley Court and Covington
Court to 35-ft.
The lot is somewhat unique because it has frontage on three streets:
Ashley Court to the north, Covington Court to the west, and 35th Street to
the south. In addition, approximately one-half of the lots buildable area
contains a recorded stormwater conveyance and maintenance easement.
i
u
STAFF REPORT—VARIATION
CHOU—301 ASHLEY COURT
CASE No.2004-016-VAR
Please see the materials provided by the petitioner in the case file for a
more detailed description of this request.
RESPONSIBILITIES OF HEARING BODIES:
Zoning Board of Appeals has the responsibility to hold the required
public hearing on the variation request and make a recommendation.
Please include in your consideration, your findings with respect to the
standards specified in the Zoning Ordinance for a variation. The
materials submitted by the applicant specifically address these standards.
CONCLUSION: Based on the infonnation provided by Staff, if it is the opinion of the
Zoning Board of Appeals that the applicant has satisfied the applicable
Ordinance requirements and factors for a variation, a recommendation
would be in order to approve this request. The following conditions
might be appropriate for inclusion in a recommendation:
1. The development shall be in substantial conformance with the
plans as submitted.
2. Also, the Zoning Board of Appeals is authorized to reconunend
additional conditions as they see fit.
However, if it is the opinion of the Zoning Board of Appeals that the
applicant has not satisfied the applicable ordinance requirements and
factors for a variation, a recommendation would be in order to deny this
request.
Respectfully Submitted,
Robert L. Ka1lKjiJx0AlCP
Director of C nmunity velopment
2
vivo
Public Hearing •
NOTICE IS HEREBY
GIVEN that public hearing
before the Zoningg Board of
Appeals of the V it lage of Oak
heldo Junel29,2 "will:30 CERTIFICATE OF PUBLICATION
held on June 29,2004,at 7:30
p.m.in the S.E.Dean Board
Room of the Butler Govern-
ment Center,1200 Oak 1,aok
Road, oak Brook, Illinois Paddock Publications, Inc.
60523 for the purpose of con-
sideriny the application of
Joe and Lill,Chou,301 Ash-
13- Court, a Brook, i- Daily Herald
60523 for d Variation as pro-video under Title 13,Section
Ordi-
nance of the Zoning Ordi-
nance of the Village of Oak
8rook,lllinois Ordinance
G-
60 as amended.
The petitioner is.seeking
approval of a variation to
Sections 13-6C-3F-1 and 13.
6C-3F-2a.The variations be-
ing sought are to the re-
quired front Yard setback by
appraximately 5 feet and to
the side yard setback abut- Corporation organized and existing under and by virtue of the laws of the State of Illinois,
ting a street by oppr%l.
ntune a ne`rei Ccosrctio of w
DOES HEREBY CERTIFY that it is the publisher of the DAILY HERALD.
dence on the property.
eral e describedas30�h: That said DAILY HERALD is a secular newspaper and has been circulated daily in the
ley Court, Oak Brook, Illi-
nois 60523,with The legal de-
scLoftl6ninsWhitehall Park, Village(s) of Addison, Bloomingdale, Carol Stream, Glendale Heights, Glen Ellyn,
being ° subdivision of the
berth a dl ubdivis in f the Itasca, Keeneyville, Lisle, Lombard, Medinah, Naperville, Oak Brook, Oakbrook Terrace,south
Boundary line in Township.
39 North,Prinelpci Me�d,f- Roselle, Villa Park, Warrenville, West Chicago, Wheaton, Winfield,Wood Dale
an, according to the Plat
thereof recorded Mayy- 30,
1984 as Document R84 01
In DuPage County, Illinois.
Permanent Index Number:
0634-201-076
All persons desiring to be
heard will bedfforded anop-
portunlTy to do so and may County(ies) of DuPage
submit their statements
orally or In writing or both.
The hearing may be re-
cessed to another date If no. and State of Illinois, continuously for more than one year prior to the date of- the first
lice of time and place thereof
ibeaubli ly announce boy at e publication of the notice hereinafter referred to and is of general circulation throughout said
paper publication not less
than five 15) days prior to
the date 0f the recessed Village(s), County(ies) and State.
hearing.
In accord with the provi-
sions of the American with
Disabilities Act,any Individ-
ual rea-
sonable Is c peed of° I I further certify that the DAILY HERALD is a newspaper as defined in "an Act to revise
order accommodation in
order to participate in or
benefit from meting°should the law in relation to notices" as amended in 1992 Illinois Compiled Statutes, Chapter 715,
contact the Village's ADA
Coordinator page Jeffrey_Moline, Act 5 Section 1 and 5. That a notice of which the annexed printed slip is a true copy, was
Assistant 5739 as Manager,
soon ge s
at 630-990.5738.04 soon °s
pdaseible before the meeting
The petitioner's opublished June 11, 2004 in said DAILY HERALD.
np
tion Is on file with the Villica. p lage
Clerk and with the Director
of Community Development.
Persons Petition wishing to examine IN WITNESS WHEREOF, the undersigned, the said PADDOCK PUBLICATIONS, Inc.,
the petition documents mayy
arrange to do so with the MD
menf Robert unity ve has caused this certificate to be signed by, this authorized agent, at Arlington Heights,
loge of Oak Brook,1200 Oak
Brook Road,OakBrook,IL Illinois.
60523, telephone 630.940-
3045.
Linda Gonnell°
Village Clerk
Published at the direction
of the Corporate Authorities
and the Zoning Board of Ap-
peals of the Village of Oak
Brook, DuPage and Cook
Counties,Illinois.
Published in Daily Herald
June 11,2004(3307746)S-
PADDOCK PUBLICATIONS, INC.
DAILY HERALD NEWSPAPERS
BY
Authorized t gent
Control # T3307746
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Village of
Oak Brook June 11,2004
1200 Oak Brook Road
)ak Brook,IL 60523-2255
Website Dear Resident:
www.oak-brook.org
Administration The Zoning Board of Appeals and the Village Board will be considering a Variation at the
630.990.3000 meetings as scheduled on the reverse side of this notice.
FAX 630.990.0876
The application has been filed by: Joe and Lilly Chou
Community 229 Carlisle Avenue
Development Westmont,IL 60559
630.990.3045
FAX 630.990.3985
The property in question is located at: 301 Ashley Court
Engineering
Department Relationship of applicant to property: Owner
630.990.3010
FAX 630.990.3985 Subdivision: Covington Court
Fire Department
630.990.3040 Also shown on the reverse side of this notice is a map of the area to assist you in determining
FAX 630.990.2392 your relationship to the property in question.
Police Department The request that has been made is as follows:
630.990.2358
FAX 630.990.7484 The petitioner is seeking approval of a variation to Sections 13-6C-317-1 and
Public Works 13-6C-3F-2a. The variations being sought are to the required front yard
Department setback (approximately 5 feet) and to the side yard setback abutting a street
630.990.3044 (approximately 5 feet) to permit the construction of a new residence on the
FAX 630.472.0223 property.
Oak Brook
Public Library If you desire more detailed information, please contact the Community Development
Department at 630-990-3045 to review the file on this application. I look forward to your
600 Oak Brook Road attendance at the public meetings.
)ak Brook,IL 60523-2200
630.990.2222 Sincerely,
FAX 630.990.4509
aak Brook Sports Core COMMUNITY DEVELOPMENT DEPARTMENT
Bath&Tennis Club
700 Oak Brook Road
)ak Brook,IL 60523-4600
630.990.3020 Robert L. Kate
FAX 630.990.1002 Director
Golf Club
2606 York Road ��gp
)ak Brook,IL 60523-4602
630.990.3032
FAX 630.990.0245
Chou-301 Ashley-VAR.res Itr.doc
In accord with the provisions of the American with Disabilities Act, any individual who is in need of a
reasonable accommodation in order to participate in or benefit from attendance at the public meeting
should contact Jeffrey Moline, the Village's ADA Coordinator, at 630-990-3000 as soon as possible before
the meeting date.
All meetings are held in the Samuel E. Dean Board Room of the Butler Government Center, 1200 Oak
Brook Road,(31st Street), Oak Brook,Illinois.
Zoning Board Of Appeals...................................................7:30 P.M.,Tuesday,June 29,2004
Board Of Trustees Meeting..............................................7:30 P.M.,Tuesday, July 27,2004**
**Tentative
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'kNote: The map provided is only an aQproximation of the area in question and is intended to be used only as a visual aid to determine
your relationship to the property. • •
Chou-301 Ashley-VAR.res Itr.doc
PGA OF 0 A K e9
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AGENDA ITEM
Regular Board of Trustees Meeting
of
June 22, 2004
SUBJECT: Referral— Chou—301 Ashley Court - Variation
FROM: Robert L. Kallien, Jr., AICP, Community Development Director
BUDGET SOURCE/BUDGET IMPACT: N/A
RECOMMENDED MOTION: I move to refer to the Zoning Board of Appeals for public
hearing at its June 29, 2004 meeting the request for a variation to the front yard setback at
301 Ashley Court.
Background/History:
Mr. and Mrs. Chou, the owners of the property at 301 Ashley Court in the Covington
Subdivision have submitted a petition seeking approval of variation to the front yard setback in
order to construct a new home on the property. At the present time, the lot is vacant.
Recommendation:
Please refer this request to the Zoning Board of Appeals for public hearing at its June 29, 2004
meeting.
Last saved by RKallien \\ash\users\ConlDev\GP0LANEK\1-FROM BOB\Bot-PC-ZBA\BOT-Referral-301Ashley-VAR.doc ��
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Yards: Except as required in subsections B and D under "accessory uses and structures" in
section 13-6A-1 of this chapter,yards shall be provided as follows:
1 ront: Not less than forty feet 40') in depth, except front yards abutting York Road and
22nd Street shall have a depth of not less than one hundred feet (100').
2. Side: Not less than twelve feet(12') in depth except:
ftwft%>Oa. A side yard abutting a street shall be not less than forty feet(40') in depth;
b. To accommodate a side load garage,the minimum side yard setback(on 1 side yard)
must be at least twenty three feet(23'); the width of the pavement opposite of the garage
door must be a minimum of twenty three feet (23');
c. For nonresidential uses each side yard abutting a street shall be not less than fifty feet
(50') in depth and each interior side yard shall be not less than thirty feet(30') in depth
and increased by not less than two feet(2') for each one foot(1') of structure height over
thirty feet (30');
d. Side yards abutting York Road and Cermak Road shall have a depth of not less than
one hundred feet(100').
3. Rear: Not less than forty feet (40) in depth. (Ord. G-60, 3-22-1966; Ord. G-83, 4-9-1968;
Ord. G-203, 12-14-1976; Ord. G-730, 9-23-2003)
• •
13-14-5 13-14-6
on notice to the officer from whom the appeal is taken, and on due
cause being shown.
C. Processing:
1. An appeal shall be filed with the Village Clerk. The Village Clerk
shall forward the appeal to the Zoning Board of Appeals for
processing in accordance with the Illinois Compiled Statutes.
2. The Zoning Board of Appeals shall fix a reasonable time for the
hearing of the appeal and give due notice thereof to parties and shall
decide the appeal within reasonable time. The Board may reverse or
affirm, wholly or partly, or may modify the order, requirement or
decision or determination as in its opinion ought to be made on the
premises and to that end has all the powers of the official from whom
the appeal is taken.
D. Decisions: All decisions, after hearing of the Zoning Board of
Appeals on appeals from an administrative order, requirement,
decision or determination of the Director of Community Development
or other authorized official of the Village, shall, in all instances, be
final administrative determinations and shall be subject to judicial
review only in accordance with applicable statutes of the State. (Ord.
G-60, 3-22-1966)
13-14-6: VARIATIONS: VARIATIONS
A. u ority: The Board of Trustees shall decide all applications for
variations of the provisions of this Title after a public hearing held
before the Zoning Board of Appeals on such notice as shall be
required by the Illinois Compiled Statutes. The Zoning Board of
Appeals shall hold public hearings upon all applications for variations
and shall report its recommendations to the Board of Trustees as to
whether a requested variation would be in harmony with its general
purpose and intent, and shall recommend a variation only where it
shall have made findings of fact specifying the reason or reasons for
recommending the variations. Such findings shall be based upon the
standards prescribed in subsection D of this Section. No variation
shall be granted by the Board of Trustees without such findings of
fact. In the case of a variation where the Zoning Board of Appeals
fails to recommend the variation, it can only be adopted by
ordinance with the favorable vote of two-thirds (2/3) of the Trustees.
Village of Oak Brook
13-14-6 13-14-6
B. Initiation: An application for a variation shall be in triplicate and may
be made by any governmental office, department, board, bureau or
commission, or by any person having a freehold interest, . a
possessory interest entitled to exclusive possession, a contractual
interest which may become a freehold interest, or any exclusive
possessory interest applicable to the land, or land and improvements
described in the application for a variation.
C. Processing: An application for a variation shall be filed with the
Village Clerk who shall forward one copy of such application to the
Zoning Board of Appeals for processing in accordance with
applicable statutes of the State and one copy to the Board of
Trustees.
D. Standards:
1. The Zoning Board of Appeals shall not recommend a variation of
the provisions of this Title as authorized in this Section unless it
shall have made findings of fact based upon the evidence presented
to it on the following specific issues that:
a. The property in question cannot yield a reasonable return if
permitted to be used only under the conditions allowed by the
regulations governing the district in which it is located.
b. The plight of the owner is due to unique circumstances.
c. The variation, if granted, will not alter the essential character
of the locality.
2. For the purpose of, supplementing the above standards, the
Zoning Board of Appeals, in making the determination whether there
are practical difficulties or particular hardships, shall also take into
consideration the extent to which the following facts, favorable to the
applicant, have been established by the evidence that:
a. The particular physical surroundings, shape, or topographical
conditions of the specific property involved would bring a particular
hardship upon the owner as distinguished from a mere
inconvenience if the strict letter of the regulation were to be carried
out.
b. The condition upon which the petition for variation is based
would not be applicable generally to the other property within the
same zoning classification.
f Oak Village o
g Brook
13-14-6 13-14-7
c. The granting of the variation will not be detrimental to the
public welfare or injurious to other property or improvements in the
neighborhood in which the property is located.
d. The proposed variation will not impair an adequate supply of
light and air to adjacent property, or substantially increase the
danger of fire, or otherwise endanger the public safety or
substantially diminish or impair property values within the
neighborhood.
e. That the purpose of the variation is not based exclusively
upon a desire to make more money out of the property.
f. That the alleged difficulty or hardship has not been created by
any person presently having an interest in the property.
3. The Zoning Board of Appeals may recommend and the Board of
Trustees may require such conditions and restrictions upon the
premises benefitted by a variation as may be necessary to comply
with the standards set forth in this Section to reduce or minimize the
injurious effect of such variation upon other property in the
neighborhood, and to implement the general purpose and intent of
this Title.
E. Unauthorized Variations: The variation procedure shall in no case be
used to accomplish a result which could otherwise be achieved by a
rezoning of the property involved, such as, but not limited to,
establishment or expansion of a use not permitted in a residence
district; authorizing the construction of residences in other than
residence districts; nor authorizing other than single-family detached
residences in the R1, R2, R3 and R4 Districts.
F. Reapplications: Any person having been denied a variation to the
provisions of this Title respecting a specific parcel of property may
not reapply for a like variation on said real property until the period
of one year has elapsed since the denial of the -application for
variation by the Village President and Board of Trustees. (Ord. G-60,
3-22-1966; Ord. G-137, 9-14-1971)
13-14-7: PLAN COMMISSION JURISDICTION`: The Plan Commis-
sion of the Village, which has been duly established with
1. See Title 2, Chapter 1 of this Code for the Planning Commission.
Village of Oak Brook
� 6
vp�OF OqM�
•
BROOK
PETITION APPLICATION for
PUBLIC HEARING
ZONING ORDINANCE: ❑ APPEAL ($300) Tf"*VARIATION ($750)
❑ AMENDMENT ($750) ❑ SPECIAL USE ($750)
STORMWATER ORDINANCE: ❑ SPECIAL USE ($675)
111,10 11
APPUCANT TO COMPLETE
LOCATION OF
SUBJECT PROPERTY C'� PERMANENT PARCEL NO*. D�y- -`Z�I - brAo
LOT NO. SUBDIVISION C c LEGAL ADDRESS'
ZONING DISTRICT ZONING ORDINANCE SECTION +Z)
ACTION REQUESTED ZC Qu�-� .Ca1�'�" �- � �.f�_'" r 'I�
4 PGROL(ft Av21M, - `1'f12��'f- �1 �°�C• �y ��;
PROPERTY INTEREST OF APPLICANT: OWNER CONTRACT PURCHASER AGENT
OWNER(S)OF RECORD JbE it G PHONE
ADDRESS .2 29 CAA 1-15-LIE Mg, CITY VO C- W► STATE ZIP a5`9
BENEFICIARY(IES)OF TRUST PHONE
ADDRESS CITY STATE ZIP
NAME OF APPLICANT(and Billing Information) 5AtAF A$5 6 PHONE
ADDRESS CITY STATE ZIP
E-mail Address
I(we)certify that all of the above statements and the statements contained in any papers or plan submitted herewith are true to the best of
my(our)knowledge and belief. In addition to the above fees,applicant agrees to reimburse th Village for publication costs within 30 days of
billing. L
, j-, -Sig ture of Applicant Date Signature of Applicant Date
DO NOT WRITS IN THIS SPACE—FOR OFFICE USE ONLY
j,
2,40
a
A P-RESIDENMAL VARIATION 5-2004
5
NAMES OF SURROUNDING PROPERTY OWNERS
Following are the names and addresses of all surrounding property owners from the property in question for a distance of
approximately 250 feet in all directions. The number of feet occupied by all public roads,streets,alleys, and public ways have
been excluded in computing the 250-foot requirement. Said names are as recorded in the office of the County Recorder of
Deeds(or the Registrar of Titles of the County)and as they appear from the authentic tax records of this County within 30 days of
the filing of this application. Provide a mailing label for each Property Owner listed.
Note: The people on this list will be notified by mail with the information about your request and the meeting schedule.
NAME OF PROPERTY OWNER ADDRESS OF PROPERTY OWNER PROPERTY ADDRESS
i t W �9-1VP6TN A: P2- 75AME
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additional sheets if necessary)
Attach
'See Item#2-3 of Submittal Documents Guideline WZ�Mr --Pt'' (ob52-3
APP-RESIDENTIAL VARIATION 5-2004
6
NAMES OF SURROUNDING PROPERTY OWNERS
Following are the names and addresses of all surrounding property owners from the property in question for a distance of
approximately 250 feet in all directions. The number of feet occupied by all public roads, streets, alleys, and public ways have
been excluded in computing the 250-foot requirement. Said names are as recorded in the office of the County Recorder of
Deeds(or the Registrar of Titles of the County)and as they appear from the authentic tax records of this County within 30 days of
the filing of this application. Provide a mailing label for each Property Owner listed.
Note: The people on this list will be notified by mail with the information about your request and the meeting schedule.
NAME OF PROPERTY OWNER ADDRESS OF PROPERTY OWNER PROPERTY ADDRESS
M TAS �3b3 A
4 5*V P- . 30 �r �
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54A"ILA LLLA- Ibb P194 POE5A3!�A/
(Attach additional sheets if ne essary)
*See Item#2-3 of Submittal Documents Guideline
APP-RESIDENTIAL VARIATION 5-2004
NAMES OF SURROUNDING PROPERTY OWNERS
Following are the names and addresses of all surrounding property owners from the property in question for a distance of
approximately 250 feet in all directions. The number of feet occupied by all public roads, streets, alleys, and public ways have
been excluded in computing the 250-foot requirement. Said names are as recorded in the office of the County Recorder of
Deeds(or the Registrar of Titles of the County) and as they appear from the authentic tax records of this County within 30 days of
the filing of this application. Provide a mailing label for each Property Owner listed.
Note; The people on this list will be notified by mail with the information about your request and the meeting schedule.
NAME OF PROPERTY OWNER ADDRESS OF PROPERTY OWNER PROPERTY ADDRESS
A
r
(Attach additional sheets if necessary)
*See Item#2-3 of Submittal Documents Guideline
6
APP-RESIDENTIAL VARIATION 5-2004
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NUMBER $ CASH INV# DATE NAME G.L.ACCOUNT# DESCRIPTION
VILLAGE OF OAK BROOK INVALID
WITHOUT
P
DEPARTMENT OF COMMUNITY DEVELOPMENT B 15606 SIGNATURE
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
PHONE: (630)990-3045
7
RETAIN THIS RECEIPT
FOR YOUR RECORDS
;ti
Subject Property Verification
(Complete a separate form for each P.I.N.)
1. Permanent Index Number (P.I.N. from Real Estate Tax Bill): C42 7,1 `-L
2. Common Address: A-5f 4:(. ' L'T
3. Type the Complete Legal Description Below. (Attach a separate page if longer than the area provided)
5Ee aRn7c+tE7D.
The Permanent Index Number, Common Address and Legal information provided has been verified as follows:
DuPage County Records/Research Room: (630-682-7398) Contact Person: L* 45-
Date called:
DuPage County Recorder's Office: (630-682-7200) Contact Person: -
Date called: 2 U
DuPage County Clerk's Office—Revenue Department: (630-510-3376) Contact Perso
Date called: om i i
1 verify that the information provided above is accurate.
Printed Name ,Signature
Date: 5 I Relationship to Applicant:
7 APP-RESIDENTIAL VARIATION 5-2004
DO
•
PLAT OF SURVEY
LOT 6 IN WHITEHALL PARK,
BEING A SUBDIVISION OF PART OF THE FRACTIONAL SECTION 34, LYING NORTH AND SOUTH
OF THE
IN BOUNDARY LINE IN TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD
TO THE PLAT THEREOF RECORDED MAY 30, 1984 AS DOCUMENT R84-40190, IN DU
PAGE PRINCIPAL MERIDIAN, ACCORDING
PAGE COUNTRY, ILLINOIS.
is.
STYCZYNSKI WALKER & ASSOCIATES
architects
535 Plainfield Road, Suite B • Willowbrook, Illinois 60527 • 630 789-2513 fax 630 789-2515
swa-architects.com
LETTER OF EXPLANATION
Request for Variation
301 Ashley Court
(Lot#6,Covington Subdivision)
Oakbrook,Illinois
May 21,2004
Mr.&Mrs.Joe Chou purchased lot 6 in the Covington Subdivision to build a home of approximately 5,990
square feet. As one of the last remaining lots in this subdivision,the lot has many significant difficulties
which include the steep grade,a comer lot which imposes yard setbacks from both streets and a previously-
unknown rear easement for a storm water conveyance and maintenance for the landscape pond feature on
the east side of the subdivision entry. A variation is being requested for the front yard setback as well as
the side yard setback for this lot so that the home as designed by Styczynski Walker&Associates can
accommodate such easement. The zoning ordinances affected are 13-6C-3F.Yards 1.Front& 13-6C-3F-
Yards 2a)side:
We are seeking a variance to reduce both setbacks from 40'-0"to 35'-0": We have already discussed this
matter with the Covington Court Community Association and the Association has given their full support
to this request. They support the variation as outlined in the attached letter.
The following items should be taken into consideration when reviewing this request:
• The storm water conveyance&maintenance easement,which is creating the most difficulty,was
recorded in June 1993 well after the original subdivision plat was recorded in May 1984. To the
best of our knowledge,the easement was established to provide for a new water service line to the
waterfall of the pond,but probably did not take into consideration the negative affect it would
have on the buildable area of this lot.
t The storm water conveyance&maintenance easement wasn't identified on any surveys given to
the Owner upon purchase of the lot. In fact,the entire the home was designed without knowledge
of said easement.
• The lot has essentially 3 front yards plus added limitations of maintaining existing landscaping at
the subdivision entry.
The driveway elevation'&grade difference to adjoining lot creates safety issue w/the need for a
higher retaining wall. The variance,if granted,would allow the retaining wall to be reduced,
creating a safer and more aesthetic condition.
The irregular lot shape requires home to step back in shape several times creating floor plan
inefficiencies.
With the variance granted,the house would be better sited on the lot giving more space to the already
established landscaping at the entry to the subdivision. It would also reduce the need for some retaining
walls&allow for a safer driveway condition to occur.
N:\ACAD\DRAWINGS\03173\DOCS\03173 VARIANCEapplication.doc
ago-aft
The following shall address the Variation Standards on an individual basis:
1 (a) The property in question cannot yield a reasonable return if permitted to be used only under
the conditions allowed by the regulations governing the district in which it is located. This is one of
the few remaining lots to be developed since subdivision began in 1984. With the setbacks,easements and
topography,a home of smaller and lesser value would need to be built at a disproportionate size for the lot
and surrounding homes.
1 (b) The plight of the owner is due to unique circumstances. The storm water conveyance&
maintenance easement was not shown on the survey when Mr.&Mrs Chou purchased the property. Such
information would have had a major decision in their purchase of this property to build their home. The
steep grade differential of the lot combined with its shape creates additional difficulty in creating an
efficient floor plan.
1 (c) The variation,if granted,will not alter the essential character of the locality. The character of
the homes in the area will not be affected in a negative manner. In fact,several homes within the
subdivision have a property line that extends to the street and although they still maintain a 40' front yard
setback,the distance from the curb to the house is approximately 40',with an approved changed in
setbacks,this home would be a minimum of 57'to the curb.
2(a) The particular physical surroundings,shape,or topographical conditions of the specific
property involved would bring a particular hardship upon the owner as distinguished from a mere ,
inconvenience if the strict letter of the regulations were to be carried out. A reduction in buildable lot
area occurred when the storm water conveyance&maintenance easement was added in June 1993. That
easement,when combined with the two front yard setbacks and steep topography requires some relief at the
front yard setbacks to allow for a workable floor plan and future resale value.
2(b) The condition upon which the petition for variation is based would not be applicable
generally to the other property within the same zoning classification. The lot in question is unique in
that it has three front setbacks,the pond easement,steep topography,and the subdivision entry landscape
feature located on the property.It is also one of the few remaining undeveloped lots in the subdivision.
2(c) The granting of the variation will not be detrimental to the public welfare or injurious to
other property or improvements in the neighborhood in which the property is located. The granting
of this variation will have no negative affects to other property whatsoever.
2(d) The proposed variation will not impair an adequate supply of light&air to adjoining
property,or substantially increase the danger of fire,or otherwise endanger the public safety or
substantially diminish or impair property values within the neighborhood. The adjacent property will
not be diminished in safety,quality of light or value. In fact,the property adjacent to the east will benefit
from a shorter retaining wall at the driveway,which will be more aesthetic and safer for children.
2(e) That the purpose of the variation is not based exclusively upon a desire to make more money
out of the property. The purpose of the variation is not based on money but based on allowing the design
of a home that is consistent with the homeowner's desires when they purchased the lot. There is of course
an inherent desire to retain a reasonable resale value of the developed property.
2(f) That the alleged difficulty or hardship has not been created by any person presently having
an interest in the property. The hardship was created when the storm water conveyance&maintenance
easement was added to an already difficult lot.
Luka Andjelich
Architect
Encl
N:\ACAD\DRAWINGS\03173\DOCS\03173VARIANCEapplication.doc
•
•
Covington Court Community Association
May 13,2004
Mr. &Mrs. Joseph Chou
36 South Cass Avenue
Westmont IL 60559
RE: Covington Court Lot 6—310 Ashley Court
Dear Mr. &Mrs. Chou,
In accordance with the agreements made during the meeting held on your site on April
26,2004,between your builder,engineer and architects and the Covington Board of
Directors and it's architect, the Board offers the following resolution and conditions for
approval of your plans:
1. The request for abrogation of the rear maintenance and access easement is denied.
The proposed location of the house would restrict access for maintenance of the
pond and would place the house unacceptably close to the water feature. The
Board recommends that the house be rotated several degrees and be brought
forward at least five feet closer to both Covington Court and Ashley Court. This
will require a variance from the Village of Oak Brook. The Board approves a
variance to encroach the 40-foot building line in both directions because the
property line is well back from the curbs,permitting the house to still be more
than 40 feet from the curbs.
2. The existing landscaping surrounding the water feature must be retained as it
exists. This shrubbery is an important part of the aesthetic appeal of the water
feature as viewed from 35'h Street.
3. The retaining wall between the existing house to the east and your new proposed
structure shall be built only to the extent required for access to the garages. The
retaining wall at the rear of the house is unnecessary and shall be removed. If
required,a landscape feature consisting of outcrops of rock serving as steps to the
rear yard should be incorporated in lieu of a retaining wall.
4. The material of the retaining wall shall be natural stone to match the existing
retaining wall on the adjacent property. The configuration shall provide for
"breaks"in this wall so as to reduce the impact on the landscape. The site is
highly visible from the main ingress/egress to the subdivision and every effort
must be made to prevent it from being obtrusive.
Go Oak&Dale Properties,Inc. 211 W.Chimso Avenue Suite 20 Hins"Illinois 60521630-323-8810
0
Covington Court Community Association
5. The top of the retaining wall shall be stepped as required with a minimum height
of 18"above the proposed grade. A barrier shall be installed to prevent persons
from falling over the edge of the retaining wall to the pavement below. The
Board prefers a natural landscape barrier to a fence or railing,but the plant
material selected must be continuous and dense and tall enough to impede access
through it. A fence that is bordered by or within a dense continuous hedge so as
to conceal the fence is acceptable.
6. A temporary construction easement should be secured and the grading between
the existing house to the east and your Lot 6 shall be altered to reduce the grade at
the front of the lot.
7. The roof material proposed at the meeting is approved. All other material and
color selections are not approved pending submission of new samples.
Please do not hesitate to call with questions or if you require the further assistance from
the Board in your petition for the above described variance.
ry truly your
es
Dennis Brugh
For and on behalf of
Covington Court Board o Directors.
Go Oak&Dale Properties,Int. 211 W.Chicago Avenue Smile 20 Hinsdale Iffinas 60521630-3234010
10 B 2) positions. He stated his concern where any number of seasonal positions that
come up in the fall and spring which require quick action so they are not lost to
other employers. He indicated that a telephone poll could be done of the Board
members with ratification at a subsequent meeting if that is allowed
Trustee Korin asked to consider exempting seasonal employees to this. Trustee
Zannis concurred with this at it is not a permanent situation.
Motion by Trustee Aktipis, seconded by Trustee Zannis, to amend the original
motion for passage of Ordinance 2004 -PL -G -754 "An Ordinance Amending Title
1 ( "Administration ") of the Village Code of the Village of Oak Brook with
Respect to the Responsibilities, Duties and Authority of the Village Manager
(Chapter 5, Article A) with the exemption of seasonal employees." ROLL CALL
VOTE:
Ayes: 4 - Trustees Aktipis, Craig, Korin and Zannis.
Nays: 1 - Trustee Yusuf
Absent- 1 - Trustee Caleel. Motion carried.
C. AWARD OF CONTRACTS - None
5. APPROVAL OF MINUTES:
REGULAR BOARD OF TRUSTEES MEETIING OF JULY 27, 2004
Motion by Trustee Aktipis, seconded by Trustee Korin, to approve the Minutes of the
Regular Board of Trustees Meeting of July 27, 2004 for the purpose of discussion
Trustee Aktipis stated there are many areas of the minutes that do not accurately reflect
what was discussed as they are extensive. He asked to consult with the Village Clerk for
further discussion. It was a consensus of the Board to remove the first motion of approval
of the minutes
Motion by Trustee Aktipis, seconded by Trustee Korin, to postpone the approval of the
Minutes of the July 27, 2004 Regular Board of Trustees meeting until the minutes are
revised VOICE VOTE: Motion carried.
6 CONSENT AGENDA:
Trustee Aktipis asked that Agenda Item 6., C. Community Development Referrals, 2) 970
Pauly LLC — CF 2020 Swift LLC — 2020 Swift Drive — Variation — Front Yard Parking
Regulations be removed from the Consent Agenda for further discussion.
Motion by Trustee Korin, seconded by Trustee Yusuf, to approve the Consent Agenda
and authorize expenditures as amended. ROLL CALL VOTE.
VILLAGE OF OAK BROOK Minutes Page 17 of 29 August 10, 2004
f '
I -,
6. Ayes- 5 - Trustees Aktipis, Craig, Korin, Yusuf and Zannis
Nays 0 - None.
Absent 1 - Trustee Caleel Motion carried.
A. ACCOUNTS PAYABLE FOR PERIOD ENDING AUGUST 6, 2004 - $470,112 52
Significant Items included in Above:
1) James J. Benes & Associates —Payout #12 — 2004 Paving Project -- $131427 90
2) Dominic Fiordirosa Construction — Payout 96 and Final — 2003 Water Main and
Drainage Project - $916.90
3) James D. Fiala Paving — Payout #4 — 2004 Paving Project -- $150,625 83
B. APPROVAL OF PAYROLL FOR PAY PERIOD ENDING JULY 31, 2004 -
$681,581.88
C. COMMUNITY DEVELOPMENT REFERRALS
1) Bhargava/Agrawal 722 Forest Glen Lane — Variation Rear Yard Setback
D. AUTHORIZATION TO SEEK BIDS OR PROPOSALS OR NEGOTIATE
CONTRACTS - None.
E. REQUEST FOR RELEASE OF FUNDS — OAK BROOK HOTEL, CONVENTION
AND VISITORS COMMITTEE
F. ORDINANCE 2004 -PP -S -1079 AN ORDINANCE AUTHORIZING THE SALE
BY PUBLIC AUCTION OF PERSONAL PROPERTY OWNED BY THE
VILLAGE OF OAK BROOK
0 G. ORDINANCE 2004- ZO -V -S -1080 AN ORDINANCE GRANTING A VARIATION
FROM THE PROVISIONS OF SECTION 13 -6C -3F (1) AND (2) OF TITLE 13
( "ZONING REGULATIONS) OF THE VILLAGE CODE OF THE VILLAGE OF
OAK BROOK RELATIVE TO FRONT AND SIDE YARD SETBACK
REQUIREMENTS -- CHOU — 301 ASHLEY COURT
7 ITEMS REMOVED FROM CONSENT AGENDA:
6 C. 2)
970 PAULY LLC — CF 2020 SWIFT LLC — 2020 SWIFT DRIVE — VARIATION —
FRONT YARD PARKING REGULATIONS
Trustee Aktipis asked that a meeting be held with staff and the applicant as there are
some issues to be clarified before it is presented to the Village Board for approval
VILLAGE OF OAK BROOK Minutes Page 18 of 29 August 10, 2004
i
J.P. RICK CARNEYI-
DUPAGE COUNTY RECORDER
AUG.25,2004 3:41 PM
OTHER 06-34- 201 -076
004 PAGES H2O04- 226769
(Above Space For Recorder's Office Only)
VILLAGE OF OAK BROOK
1200 Oak Brook Road
Oak Brook, Illinois 60523 -2255
RECORDED DOCUMENT TITLE PAGE
Title of Document ORDINANCE 2004- ZO -V -S -1080 AN ORDINANCE GRANTING A VARIATION
FROM THE PROVISIONS OF SECTIONS 13 -6C -3F (1) AND (2) OF TITLE 13 ( "ZONING
REGULATIONS ") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO
FRONT AND SIDE YARD SETBACK REQUIREMENTS (Chou - 301 Ashley Court, Oak Brook IL
60523/P I N 06 -34- 201 -076)
Property Address /es 301 ASHLEY COURT, OAK BROOK, IL 60523
(If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523 )
Pin /s Number 06 -34- 201 -076
Name & Address of Applicant JOE & LILLY CHOU, 229 CARLISLE AVENUE, WESTMONT, IL
60559 _
Name & Address of Responsible
Party to Receive Recorded
Document and Billing
G/L Account # to be Charged
JOE & LILLY CHOU
229 CARLISLE AVENUE
WESTMONT, IL 60559
1n -1'1F5
Prepared By Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60523
Name & Address of Recipient
of Consideration (when applicable)
G/L Account # to be Charged
Return To Village of Oak Brook
1200 Oak Brook Road
Oak Brook Illinois 6052
N/A
aJ
c
ORDINANCE 2004- ZO -V -S -1080
AN ORDINANCE GRANTING A VARIATION FROM THE
PROVISIONS OF SECTIONS 13 -6C -3F (1) AND (2) OF TITLE 13
( "ZONING REGULATIONS ") OF THE VILLAGE CODE
OF THE VILLAGE OF OAK BROOK RELATIVE TO
FRONT AND SIDE YARD SETBACK REQUIREMENTS
(Chou — 301 Ashley Court, Oak Brook, IL 60523 / P I N 06 -34- 201 -076)
WHEREAS, the Village of Oak Brook has heretofore adopted an ordinance setting forth the
Zoning Regulations for the Village of Oak Brook in Title 13 of the Village Code, and
WHEREAS, Section 13 -14 -6 of the Village Code sets forth the authority and standards of the
granting of variations to the Zoning Regulations;
WHEREAS, Joe and Lilly Chou ( "Petitioners ") are the owners of certain property legally described
as follows
LOT 6 IN WHITEHALL PARK, BEING A SUBDIVISION OF PART OF THE FRACTIONAL SECTION 34,
LYING NORTH AND SOUTH OF THE INDIAN BOUNDARY LINE IN TOWNSHIP 39 NORTH, RANGE 11
EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED
MAY 30, 1964 AS DOCUMENT R 84- 40190, IN DUPAGE COUNTY, ILLINOIS
WHEREAS, the Subject Property is located within the R -3 Single - Family Detached Residence
District, the regulations of which require a front yard setback of not less than forty feet (40') in depth and a
side yard setback of not less than forty feet (40') abutting a street, and
WHEREAS, the Petitioner has submitted a petition for a variation to reduce the required front and
side yard setback to approximately 35 feet for the purpose of constructing a new single - family home on
the Subject Property , and
WHEREAS, on June 29, 2004, the Zoning Board of Appeals of the Village of Oak Brook
conducted a public hearing at the Oak Brook Village Hall, 1200 Oak Brook Road, Oak Brook, Illinois in
connection with the aforesaid petition, after due and appropriate legal notice was given, and
WHEREAS, the Zoning Board of Appeals specifically considered the standards set forth in
Section 13 -14 -6 (D) of the Village Code and made the following findings of fact
• Petitioner has satisfied the standards required by the Zoning Ordinance,
• Petitioner has demonstrated unique circumstances,
• the hardship of the Petitioner was not of his making,
WHEREAS, the Zoning Board of Appeals recommended approval of the requested variation, and
WHEREAS, the Village President and Board of Trustees concur with the findings and
recommendations made by the Zoning Board of Appeals, and
WHEREAS, all applicable requirements of Section 13 -14 -6 of the Village Code relating to the
granting of variations to the Zoning Regulations have been met
B
Ordinance 2004- ZO -V -S -1080
Granting Variation from Sec
13- 6B -3F(1) & (2) Page 2
(Chou 06 -34- 201 -076)
NOW THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of
Oak Brook, Du Page and Cook Counties, Illinois as follows
SECTION 1 The recitals hereto are incorporated as part of this ordinance
SECTION 2 A variation to Sections 13- 6C -3F(1) and (2) of the Zoning Regulations of the Oak
Brook Village Code is hereby granted to permit the construction of a new single - family dwelling and allow
a front and side yard setback of approximately thirty -five feet (35') along Ashley Court and Covington
Court, subject to the condition that the new construction shall be in substantial conformance with the
plans entered into evidence for consideration by the Zoning Board of Appeals
SECTION 3 This Ordinance is limited and restricted to the property commonly known as 301
Ashley Court, Oak Brook, Illinois, P I N 06 -34- 201 -076
SECTION 4. All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of the conflict
SECTION 5 This ordinance shall be in full force and effect from and after its passage, approval
and publication as required by law
APPROVED THIS 10th day of August, 2004
PASSED THIS 10th day of August, 2004
Ayes
Nays
Absent
ATTEST
Linda K Gow�nella, CMC
Village Clerk
Kevin inlan
Villa President
4°'
` A/
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r+ y
STATE OF ILLINOIS )
SS.
COUNTIES OF COOK AND DUPAGE )
I, Linda K. Gonnella, do hereby certify that I am the duly elected and acting
Village Clerk of the Village of Oak Brook, DuPage and Cook Counties, Illinois.
I DO FURTHER CERTIFY that on August 10, 2004 , the corporate
authorities of the above municipality passed and approved
Ordinance 2004- Zo -V -S -1080 ,
AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTIONS 13 -6C -3F (1)
AND (2) OF TITLE 13 ( "ZONING REGULATIONS ") OF THE VILLAGE CODE OF THE VILLAGE
OF OAK BROOK RELATIVE TO FRONT AND SIDE YARD SETBACK REQUIREMENTS
(Chou - 301 Ashley Court, Oak Brook, IL 60523/P.I.N. 06 -34 -201 -076)
I DO FURTHER CERTIFY that the original documents, of which the
annexed copy is a true copy, is entrusted to my care for safekeeping and I am the
keeper of the same.
I DO FURTHER CERTIFY that I am the keeper of the records, journals,
entries, resolutions, ordinances and documents of the said Village of Oak Brook,
DuPage and Cook Counties, Illinois.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
corporate seal of the Village of Oak Brook this 23rd day of August , 2004 .
Z-4 �®
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Vinda K. Gonnella, CMC
llage Clerk
Village of Oak Brook
DuPage and Cook Counties, IL
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VILLAGE OF OAK BROOK
Interoffice Memorandum
DATE: August 30, 2004
TO: Richard B Boehm
Kenneth T. Kubiesa
Linda K. Gonnella
Dale L Durfey
Robert L. Kallien
Alice Filinovich
FROM: Linda Andrys
SUBJECT: Recorded Documents
The following documents were recorded on August 25, 2004:
1 ORDINANCE 2004- ZO -V -S -1080
Joe & Lilly Chou
301 Ashley Court, Oak Brook, IL 60523
R2004- 226169 Recording Fee $18.00 G /L# to be Charged 10 -1365
2 MAILBOX COVENANT RUNNING WITH LAND
Mr Mario J Florio
373 Trinity Lane, Oak Brook, IL 60523
R2004- 226170 Recording Fee: $18.00 G /L# to be Charged: 10 -1365
3 LAWN SPRINKLER SYSTEM COVENANT RUNNING WITH LAND
Mac Homes, Inc /Carole Malinski- President
85 Baybrook Lane, Oak Brook, IL 60523
R2004- 226171 Recording Fee: $18 00 G/L# to be Charged: 10 -1365
4 RELEASE AND WAIVER OF LIEN (WATER)
Juan Hernandez
IS 151 Ingersoll Lane, Villa Park, IL 60181
R2004- 226172 Recording Fee: $8 00 G /L# to be Charged. 121 -7700
/RECDOC /2004 - RECMEMO -08 -30 doc
�P 6�
G r �
�oUNTI '
Village of
Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60523 -2255
Website
www.oak -brook org
Administration
630 990 3000
FAX 630 990 0876
Community
Development
630 990 3045
FAX 630 990 3985
Engineering
Department
630 990 3010
FAX 630 990 3985
Fire Department
630 990 3040
FAX 630 990 2392
Police Department
630 990 2358
FAX 630 990 7484
Public Works
Department
630 990 3044
FAX 630 472 0223
Oak Brook
Public Library
600 Oak Brook Road
Oak B1ook, IL 60523 -2200
630 990 2222
FAX 630 990 4509
Oak Brook Sports Core
Bath & Tennis Club
700 Oak B1ook Road
Oak B1 ook, IL 60523 -4600
630 990 3020
FAX 630 990 1002
Golt Club
2606 York Road
Oak Brook, IL 60523 -4602
630 990 3032
FAX 630 990 0245
v.F. ORS
:s- log 6
November 4, 2004
Joe & Lilly Chou
229 Carlisle Avenue
Westmont, Illinois 60559
Re: Recorded Document on 8 -25 -04 Recorded Document on 9 -30 -04
ORDINANCE 2004- ZO- V -S -10 0 PLAT OF ABROGATION
301 Ashley Court 301 Ashley Court
Oak Brook, IL 60523 Oak Brook, IL 60523
R2004- 226169 R2004- 255121
Dear Applicants:
Copies of the above noted recorded documents are enclosed for your information.
These are important records and should be retained in a secure area within your
files.
If you need any further assistance in this matter, feel free to contact me at 630-
990 -5770 on Monday through Friday from 9am to 5pm.
Sincerely,
Linda M. Andrys
Records Management Clerk
/lma
Enclosures
cc: Dale L. Durfey, Jr., Village Engineer
Robert L. Kallien, Jr., Director of Community Development
Official Files
/RECDOC/ 2004 - RECLTR- ORD- ZO -V -S- 1080 +ABRO -CHOU -301 ASHLEY CT